{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-344.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-344.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-344.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-344.html"}],"law_id":56572,"edition_id":1,"section_id":56572,"structure_id":12702,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","history":"1990, c. 975; 1992, c. 539; 2009, cc. 455, 555; 2010, cc. 778, 825; 2018, c. 846.","full_text":"A\n\nThe court shall summon to the hearing all material witnesses requested by either the minor or the petitioner. All testimony shall be under oath. The rules of evidence shall apply. The petitioner, minor and, with leave of court for good cause shown, any other person shall be given the opportunity to present evidence and cross-examine witnesses. The hearing shall be closed to the public unless the minor and petitioner request that it be open.B\n\nAt the commencement of the hearing involving a minor 14 years of age or older, the court shall inform the minor whose involuntary commitment is being sought of his right to be voluntarily admitted for inpatient treatment as provided for in § 16.1-338 and shall afford the minor an opportunity for voluntary admission, provided that the minor’s parent consents to such voluntary admission. The court shall advise the minor whose involuntary commitment is being sought that if the minor chooses to be voluntarily admitted pursuant to § 16.1-338, such minor will be prohibited from possessing, purchasing, or transporting a firearm pursuant to § 18.2-308.1:3. In determining whether a minor is capable of consenting to voluntary admission, the court may consider evidence regarding the minor’s past compliance or noncompliance with treatment.C\n\nAn employee or a designee of the community services board that arranged for the evaluation of the minor shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 16.1-345.1. If (i) the minor does not reside in the jurisdiction served by the juvenile and domestic relations district court that conducts the hearing and (ii) the minor is being considered for mandatory outpatient treatment pursuant to § 16.1-345.2, an employee or designee of the community services board serving the area where the minor resides shall also attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 16.1-345.1. The employee or designee of the community services board serving the area where the minor resides may, instead of attending the hearing, make arrangements with the community services board that arranged for the evaluation of the minor to present on its behalf the recommendations for a specific course of treatment and programs for the provision of mandatory outpatient treatment required by subsection C of § 16.1-345.2 and the initial mandatory outpatient treatment plan required by subsection D of § 16.1-345.2. When a community services board attends the hearing on behalf of the community services board serving the area where the minor resides, the attending community services board shall inform the community services board serving the area where the minor resides of the disposition of the matter upon the conclusion of the hearing. In addition, the attending community services board shall transmit the disposition through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means to the community services board serving the area where the minor resides. Any employee or designee of the community services board attending or participating in the hearing shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.\n\t\t\tAt least 12 hours prior to the hearing, the court shall provide the time and location of the hearing to the community services board that arranged for the evaluation of the minor. If the community services board will be present by telephonic means, the court shall provide the telephone number to the board.","order_by":null,"text":{"0":{"id":207049,"text":"The court shall summon to the hearing all material witnesses requested by either the minor or the petitioner. All testimony shall be under oath. The rules of evidence shall apply. The petitioner, minor and, with leave of court for good cause shown, any other person shall be given the opportunity to present evidence and cross-examine witnesses. The hearing shall be closed to the public unless the minor and petitioner request that it be open.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207050,"text":"At the commencement of the hearing involving a minor 14 years of age or older, the court shall inform the minor whose involuntary commitment is being sought of his right to be voluntarily admitted for inpatient treatment as provided for in § 16.1-338 and shall afford the minor an opportunity for voluntary admission, provided that the minor’s parent consents to such voluntary admission. The court shall advise the minor whose involuntary commitment is being sought that if the minor chooses to be voluntarily admitted pursuant to § 16.1-338, such minor will be prohibited from possessing, purchasing, or transporting a firearm pursuant to § 18.2-308.1:3. In determining whether a minor is capable of consenting to voluntary admission, the court may consider evidence regarding the minor’s past compliance or noncompliance with treatment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207051,"text":"An employee or a designee of the community services board that arranged for the evaluation of the minor shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 16.1-345.1. If (i) the minor does not reside in the jurisdiction served by the juvenile and domestic relations district court that conducts the hearing and (ii) the minor is being considered for mandatory outpatient treatment pursuant to § 16.1-345.2, an employee or designee of the community services board serving the area where the minor resides shall also attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 16.1-345.1. The employee or designee of the community services board serving the area where the minor resides may, instead of attending the hearing, make arrangements with the community services board that arranged for the evaluation of the minor to present on its behalf the recommendations for a specific course of treatment and programs for the provision of mandatory outpatient treatment required by subsection C of § 16.1-345.2 and the initial mandatory outpatient treatment plan required by subsection D of § 16.1-345.2. When a community services board attends the hearing on behalf of the community services board serving the area where the minor resides, the attending community services board shall inform the community services board serving the area where the minor resides of the disposition of the matter upon the conclusion of the hearing. In addition, the attending community services board shall transmit the disposition through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means to the community services board serving the area where the minor resides. Any employee or designee of the community services board attending or participating in the hearing shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.\n\t\t\tAt least 12 hours prior to the hearing, the court shall provide the time and location of the hearing to the community services board that arranged for the evaluation of the minor. If the community services board will be present by telephonic means, the court shall provide the telephone number to the board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12702,"edition_id":1,"name":"Psychiatric Treatment of Minors Act","identifier":"16","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":161253,"object_type":"structure","relational_id":12702,"identifier":"16","token":"16.1\/11\/16","url":"\/16.1\/11\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74549,"structure_id":12702,"section_number":"16.1-335","catch_line":"Short title","url":"\/16.1-335\/","token":"16.1\/11\/16\/16.1-335","metadata":false},{"id":80739,"structure_id":12702,"section_number":"16.1-336","catch_line":"Definitions","url":"\/16.1-336\/","token":"16.1\/11\/16\/16.1-336","metadata":false},{"id":64915,"structure_id":12702,"section_number":"16.1-336.1","catch_line":"Admission forms","url":"\/16.1-336.1\/","token":"16.1\/11\/16\/16.1-336.1","metadata":false},{"id":81231,"structure_id":12702,"section_number":"16.1-337","catch_line":"Inpatient treatment of minors; general applicability; disclosure of records","url":"\/16.1-337\/","token":"16.1\/11\/16\/16.1-337","metadata":false},{"id":85004,"structure_id":12702,"section_number":"16.1-337.1","catch_line":"Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check","url":"\/16.1-337.1\/","token":"16.1\/11\/16\/16.1-337.1","metadata":false},{"id":77269,"structure_id":12702,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","url":"\/16.1-338\/","token":"16.1\/11\/16\/16.1-338","metadata":false},{"id":53935,"structure_id":12702,"section_number":"16.1-339","catch_line":"Parental admission of an objecting minor 14 years of age or older","url":"\/16.1-339\/","token":"16.1\/11\/16\/16.1-339","metadata":false},{"id":61197,"structure_id":12702,"section_number":"16.1-339.1","catch_line":"Minors in detention homes or shelter care facilities","url":"\/16.1-339.1\/","token":"16.1\/11\/16\/16.1-339.1","metadata":false},{"id":75459,"structure_id":12702,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","url":"\/16.1-340\/","token":"16.1\/11\/16\/16.1-340","metadata":false},{"id":68740,"structure_id":12702,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","url":"\/16.1-340.1\/","token":"16.1\/11\/16\/16.1-340.1","metadata":false},{"id":81671,"structure_id":12702,"section_number":"16.1-340.1:1","catch_line":"Facility of temporary detention","url":"\/16.1-340.1_1\/","token":"16.1\/11\/16\/16.1-340.1_1","metadata":false},{"id":85419,"structure_id":12702,"section_number":"16.1-340.2","catch_line":"Transportation of minor in the temporary detention process","url":"\/16.1-340.2\/","token":"16.1\/11\/16\/16.1-340.2","metadata":false},{"id":60394,"structure_id":12702,"section_number":"16.1-340.3","catch_line":"Release of minor prior to commitment hearing for involuntary admission","url":"\/16.1-340.3\/","token":"16.1\/11\/16\/16.1-340.3","metadata":false},{"id":80218,"structure_id":12702,"section_number":"16.1-340.4","catch_line":"Involuntary commitment; preadmission screening report","url":"\/16.1-340.4\/","token":"16.1\/11\/16\/16.1-340.4","metadata":false},{"id":80409,"structure_id":12702,"section_number":"16.1-341","catch_line":"Involuntary commitment; petition; hearing scheduled; notice and appointment of counsel","url":"\/16.1-341\/","token":"16.1\/11\/16\/16.1-341","metadata":false},{"id":86415,"structure_id":12702,"section_number":"16.1-342","catch_line":"Involuntary commitment; clinical evaluation","url":"\/16.1-342\/","token":"16.1\/11\/16\/16.1-342","metadata":false},{"id":81468,"structure_id":12702,"section_number":"16.1-343","catch_line":"Involuntary commitment; duties of attorney for the minor","url":"\/16.1-343\/","token":"16.1\/11\/16\/16.1-343","metadata":false},{"id":56572,"structure_id":12702,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","url":"\/16.1-344\/","token":"16.1\/11\/16\/16.1-344","metadata":false},{"id":58318,"structure_id":12702,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","url":"\/16.1-345\/","token":"16.1\/11\/16\/16.1-345","metadata":false},{"id":65738,"structure_id":12702,"section_number":"16.1-345.1","catch_line":"Use of electronic communication","url":"\/16.1-345.1\/","token":"16.1\/11\/16\/16.1-345.1","metadata":false},{"id":86950,"structure_id":12702,"section_number":"16.1-345.2","catch_line":"Mandatory outpatient treatment; criteria; orders","url":"\/16.1-345.2\/","token":"16.1\/11\/16\/16.1-345.2","metadata":false},{"id":64056,"structure_id":12702,"section_number":"16.1-345.3","catch_line":"Monitoring mandatory outpatient treatment; motion for review","url":"\/16.1-345.3\/","token":"16.1\/11\/16\/16.1-345.3","metadata":false},{"id":63926,"structure_id":12702,"section_number":"16.1-345.4","catch_line":"Court review of mandatory outpatient treatment plan","url":"\/16.1-345.4\/","token":"16.1\/11\/16\/16.1-345.4","metadata":false},{"id":71978,"structure_id":12702,"section_number":"16.1-345.5","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/16.1-345.5\/","token":"16.1\/11\/16\/16.1-345.5","metadata":false},{"id":59197,"structure_id":12702,"section_number":"16.1-345.6","catch_line":"Appeal of final order","url":"\/16.1-345.6\/","token":"16.1\/11\/16\/16.1-345.6","metadata":false},{"id":58903,"structure_id":12702,"section_number":"16.1-346","catch_line":"Treatment plans; periodic review of status","url":"\/16.1-346\/","token":"16.1\/11\/16\/16.1-346","metadata":false},{"id":63455,"structure_id":12702,"section_number":"16.1-346.1","catch_line":"Discharge plan","url":"\/16.1-346.1\/","token":"16.1\/11\/16\/16.1-346.1","metadata":false},{"id":57843,"structure_id":12702,"section_number":"16.1-347","catch_line":"Fees and expenses for qualified evaluators","url":"\/16.1-347\/","token":"16.1\/11\/16\/16.1-347","metadata":false},{"id":62629,"structure_id":12702,"section_number":"16.1-348","catch_line":"Availability of judge","url":"\/16.1-348\/","token":"16.1\/11\/16\/16.1-348","metadata":false}],"previous_section":{"id":81468,"structure_id":12702,"section_number":"16.1-343","catch_line":"Involuntary commitment; duties of attorney for the minor","url":"\/16.1-343\/","token":"16.1\/11\/16\/16.1-343","metadata":false},"next_section":{"id":58318,"structure_id":12702,"section_number":"16.1-345","catch_line":"Involuntary commitment; criteria","url":"\/16.1-345\/","token":"16.1\/11\/16\/16.1-345","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-344\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 975 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 539; in 2009, chapters 455<\/a> and 555<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2018, chapter 846<\/a>.<\/p>","references":false,"refers_to":[{"id":77269,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","order_by":null,"url":"\/16.1-338\/"},{"id":65738,"section_number":"16.1-345.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/16.1-345.1\/"},{"id":86950,"section_number":"16.1-345.2","catch_line":"Mandatory outpatient treatment; criteria; orders","order_by":null,"url":"\/16.1-345.2\/"},{"id":81410,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","order_by":null,"url":"\/18.2-308.1_3\/"}],"permalink":{"id":161323,"object_type":"law","relational_id":56572,"identifier":"16.1-344","token":"16.1\/11\/16\/16.1-344","url":"\/16.1-344\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-344\/","token":"16.1\/11\/16\/16.1-344","dublin_core":{"Title":"Involuntary commitment; hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-344","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span> shall summon to the hearing<\/span> all material<\/span> witnesses requested by either the minor<\/span> or the petitioner. All testimony<\/span> shall be under oath<\/span>. The rules of evidence<\/span> shall apply. The petitioner, minor<\/span> and, with leave of court for good cause shown, any other person shall be given the opportunity to present evidence<\/span> and cross-examine witnesses. The hearing<\/span> shall be closed to the public unless the minor<\/span> and petitioner request that it be open. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the commencement of the hearing<\/span> involving a minor<\/span> 14 years of age or older, the court<\/span> shall inform the minor<\/span> whose involuntary commitment is being sought of his right to be voluntarily admitted for inpatient treatment<\/span> as provided for in § 16.1-338<\/a> and shall afford the minor<\/span> an opportunity for voluntary admission, provided that the minor<\/span>’s parent<\/span> consents<\/span> to such voluntary admission. The court<\/span> shall advise the minor<\/span> whose involuntary commitment is being sought that if the minor<\/span> chooses to be voluntarily admitted pursuant to § 16.1-338<\/a>, such minor<\/span> will be prohibited from possessing, purchasing, or transporting a firearm pursuant to § 18.2-308.1:3<\/a>. In determining whether a minor<\/span> is capable of consenting to voluntary admission, the court<\/span> may consider evidence<\/span> regarding the minor<\/span>’s past compliance or noncompliance with treatment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An employee<\/span> or a designee of the community services board<\/span> that arranged for the evaluation of the minor<\/span> shall attend the hearing<\/span> in person or, if physical attendance is not practicable, shall participate in the hearing<\/span> through a two-way electronic video and audio or telephonic communication system as authorized in § 16.1-345.1<\/a>. If (i) the minor<\/span> does not reside in the jurisdiction<\/span> served by the juvenile and domestic relations district court that conducts the hearing<\/span> and (ii) the minor<\/span> is being considered for mandatory outpatient treatment pursuant to § 16.1-345.2<\/a>, an employee<\/span> or designee of the community services board<\/span> serving the area where the minor<\/span> resides shall also attend the hearing<\/span> in person or, if physical attendance is not practicable, shall participate in the hearing<\/span> through a two-way electronic video and audio or telephonic communication system as authorized in § 16.1-345.1<\/a>. The employee<\/span> or designee of the community services board<\/span> serving the area where the minor<\/span> resides may, instead of attending the hearing<\/span>, make arrangements with the community services board<\/span> that arranged for the evaluation of the minor<\/span> to present on its behalf the recommendations for a specific course of treatment and programs for the provision of mandatory outpatient treatment required by subsection C of § 16.1-345.2<\/a> and the initial mandatory outpatient treatment plan required by subsection D of § 16.1-345.2<\/a>. When a community services board<\/span> attends the hearing<\/span> on behalf of the community services board<\/span> serving the area where the minor<\/span> resides, the attending community services board<\/span> shall inform the community services board<\/span> serving the area where the minor<\/span> resides of the disposition<\/span> of the matter upon the conclusion of the hearing<\/span>. In addition, the attending community services board<\/span> shall transmit the disposition<\/span> through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means to the community services board<\/span> serving the area where the minor<\/span> resides. Any employee<\/span> or designee of the community services board<\/span> attending or participating in the hearing<\/span> shall not be excluded from the hearing<\/span> pursuant to an order<\/span> of sequestration of witnesses.\n\t\t\tAt least 12 hours prior to the hearing<\/span>, the court<\/span> shall provide the time and location of the hearing<\/span> to the community services board<\/span> that arranged for the evaluation of the minor<\/span>. If the community services board<\/span> will be present by telephonic means, the court<\/span> shall provide the telephone number to the board. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVOLUNTARY COMMITMENT; HEARING (\u00a7 16.1-344)\n\nA. The court shall summon to the hearing all material witnesses requested by\neither the minor or the petitioner. All testimony shall be under oath. The rules\nof evidence shall apply. The petitioner, minor and, with leave of court for good\ncause shown, any other person shall be given the opportunity to present evidence\nand cross-examine witnesses. The hearing shall be closed to the public unless\nthe minor and petitioner request that it be open.\n\nB. At the commencement of the hearing involving a minor 14 years of age or\nolder, the court shall inform the minor whose involuntary commitment is being\nsought of his right to be voluntarily admitted for inpatient treatment as\nprovided for in § 16.1-338 and shall afford the minor an opportunity for\nvoluntary admission, provided that the minor’s parent consents to such\nvoluntary admission. The court shall advise the minor whose involuntary\ncommitment is being sought that if the minor chooses to be voluntarily admitted\npursuant to § 16.1-338, such minor will be prohibited from possessing,\npurchasing, or transporting a firearm pursuant to § 18.2-308.1:3. In\ndetermining whether a minor is capable of consenting to voluntary admission, the\ncourt may consider evidence regarding the minor’s past compliance or\nnoncompliance with treatment.\n\nC. An employee or a designee of the community services board that arranged for\nthe evaluation of the minor shall attend the hearing in person or, if physical\nattendance is not practicable, shall participate in the hearing through a\ntwo-way electronic video and audio or telephonic communication system as\nauthorized in § 16.1-345.1. If (i) the minor does not reside in the\njurisdiction served by the juvenile and domestic relations district court that\nconducts the hearing and (ii) the minor is being considered for mandatory\noutpatient treatment pursuant to § 16.1-345.2, an employee or designee of\nthe community services board serving the area where the minor resides shall also\nattend the hearing in person or, if physical attendance is not practicable,\nshall participate in the hearing through a two-way electronic video and audio or\ntelephonic communication system as authorized in § 16.1-345.1. The employee\nor designee of the community services board serving the area where the minor\nresides may, instead of attending the hearing, make arrangements with the\ncommunity services board that arranged for the evaluation of the minor to\npresent on its behalf the recommendations for a specific course of treatment and\nprograms for the provision of mandatory outpatient treatment required by\nsubsection C of § 16.1-345.2 and the initial mandatory outpatient treatment\nplan required by subsection D of § 16.1-345.2. When a community services\nboard attends the hearing on behalf of the community services board serving the\narea where the minor resides, the attending community services board shall\ninform the community services board serving the area where the minor resides of\nthe disposition of the matter upon the conclusion of the hearing. In addition,\nthe attending community services board shall transmit the disposition through\ncertified mail, personal delivery, facsimile with return receipt acknowledged,\nor other electronic means to the community services board serving the area where\nthe minor resides. Any employee or designee of the community services board\nattending or participating in the hearing shall not be excluded from the hearing\npursuant to an order of sequestration of witnesses.\n\t\t\tAt least 12 hours prior to the hearing, the court shall provide the time and\nlocation of the hearing to the community services board that arranged for the\nevaluation of the minor. If the community services board will be present by\ntelephonic means, the court shall provide the telephone number to the board.\n\nHISTORY: 1990, c. 975; 1992, c. 539; 2009, cc. 455, 555; 2010, cc. 778, 825;\n2018, c. 846.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}